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<br />Easement Agreement Form 704CM; Rev. 04/20/2023
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<br />obligation whatsoever imposed on it by this Easement Agreement. Grantee shall promptly respond to Grantor's
<br />request for information regarding said conditions or activities.
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<br /> 7.6 Evidence of Compliance. Upon request by Grantor, Grantee agrees to furnish Grantor with proof
<br />satisfactory to Grantor that Grantee is in compliance with this Section 7. Should Grantee not comply fully with
<br />obligations of this Section 7, notwithstanding anything contained in any other provision hereof, Grantor may, at
<br />its option, terminate this Easement Agreement by serving five (5) days' notice of termination upon Grantee. Upon
<br />termination, Grantee shall remove the Improvements and restore the Premises as provided in Section 9.
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<br /> 7.7 Notwithstanding anything in this Section 7, the parties agree that Grantor has no duty or obligation
<br />to monitor Grantee’s use of the Premises to determine Grantee’s compliance with Environmental Laws, it being
<br />solely Grantee’s responsibility to ensure that Grantee’s use of the Premises is compliant. Neither the exercise
<br />nor the failure by Grantor to exercise any rights granted in this Section will alter the liability allocation provided by
<br />this Easement Agreement.
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<br /> 7.8 "Environmental Law(s)" shall mean any federal, state, local, or tribal law, statute, ordinance, code,
<br />rule, regulation, policy, common law, license, authorization, decision, order, or injunction which pertains to health,
<br />safety, any Hazardous Material, or the environment (including but not limited to ground, air, water, or noise
<br />pollution or contamination, and underground or above-ground tanks) and shall include, without limitation, CERCLA
<br />42 U.S.C. §9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., CERCLA; the
<br />Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq.; the Federal Water Pollution Control Act, 33
<br />U.S.C. §1251 et seq.; the Clean Air Act, 42 U.S.C. §7401 et seq.; the Toxic Substances Control Act, 15 U.S.C.
<br />§2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergency Planning and Community
<br />Right-to-Know Act, 42 U.S.C. 11001 et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136
<br />to 136y; the Oil Pollution Act, 33 U.S.C. 2701 et seq.; and the Occupational Safety and Health Act, 29 U.S.C. 651
<br />et seq.; all as have been amended from time to time, and any other federal, state, local, or tribal environmental
<br />requirements, together with all rules, regulations, orders, and decrees now or hereafter promulgated under any of
<br />the foregoing, as any of the foregoing now exist or may be changed or amended or come into effect in the future.
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<br /> 7.9 "Hazardous Material(s)" shall include but shall not be limited to any substance, material, or waste
<br />that is regulated by any Environmental Law or otherwise regulated by any federal, state, local, or tribal
<br />governmental authority because of toxic, flammable, explosive, corrosive, reactive, radioactive or other properties
<br />that may be hazardous to human health or the environment, including without limitation asbestos and asbestos-
<br />containing materials, radon, petroleum and petroleum products, urea formaldehyde foam insulation, methane,
<br />lead-based paint, polychlorinated biphenyl compounds, hydrocarbons or like substances and their additives or
<br />constituents, pesticides, agricultural chemicals, and any other special, toxic, or hazardous (i) substances, (ii)
<br />materials, or (iii) wastes of any kind, including without limitation those now or hereafter defined, determined, or
<br />identified as "hazardous chemicals", "hazardous substances," "hazardous materials," "toxic substances," or
<br />"hazardous wastes" in any Environmental Law.
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<br />Section 8 Default and Termination.
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<br />8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's Contractors, fails to properly
<br />perform its obligations under this Easement Agreement, Grantor, in its sole discretion, may: (i) seek specific
<br />performance of the unperformed obligations, or (ii) at Grantee's sole cost, may arrange for the performance of
<br />such work as Grantor deems necessary for the safety of its rail operations, activities and property, or to avoid or
<br />remove any interference with the activities or property of Grantor, or anyone or anything present on the rail corridor
<br />or property with the authority or permission of Grantor. Grantee shall promptly reimburse Grantor for all costs of
<br />work performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's failure to perform any
<br />obligations of Grantee or Grantee's Contractors shall not alter the liability allocation set forth in this Easement
<br />Agreement.
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<br /> 8.2 Abandonment. Grantor may, at its option, terminate this Easement Agreement by serving five (5)
<br />days' notice in writing upon Grantee if Grantee should abandon or cease to use the Premises for the Easement
<br />Purpose. Any waiver by Grantor of any default or defaults shall not constitute a waiver of the right to terminate
<br />this Easement Agreement for any subsequent default or defaults, nor shall any such waiver in any way affect
<br />Grantor's ability to enforce any section of this Easement Agreement.
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